I am not sure about Stripe terms of service but don't most companies have some hatch-key terms of service to prevent suing. (I am not sure about stripe but there are some products that if you use their service, then you can only sue them for 1$ for example)

My recommendation feels as to get the money as soon as possible and then contact a lawyer and see if they can get enough pay-off from this somewhat, rightful lawsuit.

IANAL, but Maybe if they make even more than 85k$ by suing them right now, then perhaps they can sue them right now but maybe a lawyer here can give more definitive answer as to how they should proceed (and perhaps they shouldn't listen to any of us online people especially about the law)

OP, I suggest contacting a lawyer just in case.